Disability discrimination at work occurs when an individual is treated unfairly due to a physical or mental impairment that has a long-term impact on their ability to carry out daily activities. This treatment may be direct or indirect and can affect recruitment, promotion, training, working conditions and dismissal.
The UK’s legal framework offers strong protection against this type of workplace discrimination. Employers are legally required to prevent discriminatory practices and to support employees with disabilities through reasonable adjustments. Failure to do so is a breach of the law and could result in a tribunal claim.
What is The Disability Equality Act?
Although often referred to informally as the Disability Equality Act, disability discrimination is actually governed by the Equality Act 2010. This comprehensive legislation replaced and consolidated previous laws, offering consistent protection against discrimination across all protected characteristics.
Key elements of the Equality Act relating to disability discrimination include:
- Definition of disability: A physical or mental impairment with a long-term, substantial adverse effect on day-to-day activities
- Duty to make reasonable adjustments: Employers must adapt work environments or practices to support disabled employees
- Prohibition of different types of discrimination: Including direct discrimination, indirect discrimination, harassment and victimisation
Employers who ignore these obligations may face serious legal consequences.
What are the Types of Disability Discrimination?
Understanding the different forms of disability discrimination is essential for both employees and employers:
1) Direct Discrimination
Occurs when someone is treated less favourably than others due to their disability. For example, rejecting a qualified applicant solely because of their medical history.
2) Indirect Discrimination
Policies or practices that apply to everyone but disadvantage disabled people. An example might include requiring all employees to attend weekly off-site meetings without considering mobility issues.
3) Harassment
Unwanted behaviour linked to a person’s disability that violates dignity or creates a hostile environment. This can range from inappropriate jokes to repeated exclusion from tea activities.
4) Victimisation
Treating someone unfairly because they have complained about disability discrimination or supported someone else’s complaint.
5) Failure to Make Reasonable Adjustments
Employers must accommodate the needs of disabled staff. Failing to provide accessible workstations, flexible hours or assistive technology may amount to discrimination.
Examples of Disability Discrimination
Some examples of disability discrimination that may occur in the workplace include:
- Interview bias: A candidate discloses a mental health condition and is not shortlisted, despite meeting all the job criteria
- Inflexible schedules: An employee with chronic fatigue syndrome is denied flexible working hours, despite medical evidence supporting the need
- Lack of facilities: An office has no lift access, preventing a wheelchair user from reaching their workstation
- Dismissal: A worker is let go following extended absence due to treatment, without consideration of reasonable adjustments or phased return
These examples show how discrimination can be subtle or overt, but all are unlawful under the Equality Act.
What are the Employers Responsibilities Under the Equality Act?
Employers have clear duties under the Equality Act to prevent disability discrimination at work. These include:
- Providing reasonable adjustments tailored to the individual’s needs
- Conducting fair recruitment processes, without discrimination based on health or disability status
- Training managers and staff on inclusive practices and anti-discrimination policies
- Ensuring equal access to training, promotion and development opportunities
Failure to comply with these responsibilities can lead to legal action and reputational damage.
What to Do If You Experience Disability Discrimination
If you believe you’ve been subjected to disability discrimination at work, it’s important to take action:
- Document the incidents: Keep records of dates, emails and communications
- Raise concerns internally: Use your company’s grievance procedure
- Seek legal advice: Consult a specialist employment solicitor early in the process
- Consider tribunal proceedings: If the issue is unresolved, legal action may be appropriate
A proactive approach can help secure your rights and may lead to compensation or workplace improvements.
How Can DPH Legal Help?
If you’re facing disability discrimination at work, DPH Legal offers trusted legal expertise to help you take action. Our specialist employment solicitors provide clear, tailored advice and strong representation at every stage, from internal grievances to Employment Tribunals.
We’re committed to securing fair outcomes through negotiation, reasonable adjustments or legal proceedings where needed.
With a proven track record in disability discrimination cases, transparent communication and a client-first approach, we’re here to guide you with confidence. Call now to arrange a confidential consultation with the team at DPH Legal.
